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Frickey, Quasi-Constitutional Law: Clear Statement Rules as Constitutional Lawmaking, 45 VAND. L. REV. 593 (1992). They force legislatures to advert to
department-lawsuit.html [https://perma.cc/WEJ4-LJ9L]. 15. See 1 LAURENCE H. TRIBE, AMERICAN CONSTITUTIONAL LAW § 3-19, at 446 (3d ed. 2000). 16. See infra
are the yale law journal 123:2134 2014 2138 gender- and marriage-based domestic relations laws7 were enlisted by administrators, judges
not disobeying the law, 12 were complying with officers’ demands, 13 or were suspected of violating petty laws that are likely unworthy of strong
; see ROTHMAN, supra note 1, at 163-64. Fixed performances, by contrast, are copyrightable. the yale law journal 130:86 2020 106 lawfully captured and
animated the fundamental conception that most lawyers share that federal law is supposed to mean the same thing in every jurisdiction.” Abbe R. Gluck
academics who for the past several years have been working jointly on a massive project in normative law and economics. The project’s goal is to answer the
that the Act “brings U.S. law into greater harmony with laws of other Berne countries,” in addition to serving “another important Berne objective
radical-lawyering approach to fight family policing, lawyers and law-school clinics can take an explicitly abolitionist tack. This approach can be
LAW 305 (2003); Merges, supra note 10, at 820-26; Reed W.L. Marcy, Note, Patent Law’s Nonobviousness Requirement: The Effect of Inconsistent